Access to Student Records Pursuant to the

Access to Student Records Pursuant to the UPPS No. 01.04.31

Family Educational Rights and Privacy Act Issue No. 4

of 1974 Effective Date: 10/30/2006
Review: April 1 E3Y

01. POLICY STATEMENTS

01.01 This UPPS sets forth university policy regarding access to student records as required by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. section 1232g). This UPPS's references to FERPA are references to this act, which is also known as the "Buckley Amendment".

01.02 Related Laws and Policies: Additional information and guidance for complying with requests for information may be found in UPPS No. 01.04.00, Appropriate Release of Information.

02. DEFINITIONS

02.01 "Education records" are records that are directly related to a student and are maintained by Texas State, or a party acting for Texas State.

02.02 "Education records" do not include:

a. Records of instructional, supervisory, administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

b. Records of Texas State's University Police Department, subject to the provisions of 34 C.F.R., Section 99.8.

c. Records relating to an individual who is employed by Texas State that:

1) are made and maintained in the normal course of business;

2) relate exclusively to the individual in that individual's capacity as an employee; and

3) are not available for use for any other purpose.

d. Records relating to an individual in attendance at Texas State who is employed as a result of his or her status as a student are education records and not excepted under Section 02.02 c.

e. Records on Texas State students that are:

1) made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

2) made, maintained, or used only in connection with treatment of the student; and

3) disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at Texas State.

f. Records that only contain information about an individual after he or she is no longer a student at Texas State.

03. PROCEDURES FOR ANNUALLY NOTIFYING STUDENTS AND PARENTS OF THEIR FERPA RIGHTS

03.01 Texas State will inform students and parents of their rights under FERPA by: (1) the Registrar placing a notice in the Schedule of Classes published electronically for each semester and (2) the Dean of Students placing a notice in the student handbook.

03.02 The notice containing Texas State's policies is set forth in Attachment I.

03.03 This policy and the notice may also be found in the library and they are accessible via the Texas State website. Copies of this policy and the notice are available to students via the Registrar's Office.

04. PROCEDURES FOR PARENTS INSPECTING THEIR CHILDREN'S EDUCATIONAL RECORDS

04.01 A parent who desires to inspect his or her child's education records (without the child's written consent) may do so if the child is a dependent student as defined in Section 152 of the Internal Revenue Code of 1986.

04.02 A parent should present an affidavit as shown in Attachment II to the office that maintains the records. The office will make the records accessible as provided by FERPA.

05. CHARGES FOR RECORDS

05.01 Texas State may charge for copies of records as provided in UPPS No. 01.04.00, Appropriate Release of Information.

05.02 In addition, Texas State may make the following charges for education records:

a. The Registrar may charge $5.00 for an official copy of a student's transcript.

b. Identification Services may charge $10.00 for a student's photograph. However, ID Services will not charge school officials, as defined in Attachment I, for photographs.

06. PROCEDURES FOR RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION

06.01 Texas State will not release personally identifiable information in an education record without the student's prior written consent except under one or more of the conditions described in 34 C.F.R. Section 99.31 which may be found at http://www.ed.gov/policy/gen/reg/ferpa/index.html

06.02 School officials who handle student education records should respect the private nature of those records and secure them from unauthorized disclosure. Since computer records are especially vulnerable, those who maintain these records should take special security measures. Examples of confidential records include transcripts, grades, grade point averages, test scores, academic and disciplinary status, health information, personal and family financial information, and placement file recommendations and ratings.

06.03 Each designated information custodian will maintain a record of disclosures as required by 34 C.F.R. Section 99.32 and a student or eligible parent may inspect these records.

07. ASSESSMENT

07.01 At least every five years, the Office of Internal Audit and Compliance will conduct a security assessment audit of those offices maintaining education records and recommend policy and procedural changes based on the results of that audit.

08. REVIEWERS OF THIS UPPS

08.01 Reviewers of this UPPS include the following:

Position Date

University Attorney April 1 E3Y

Registrar April 1 E3Y

09. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

University Attorney; senior reviewer of this UPPS

Special Assistant to the President

President